Gwathmey v. United States

DAWKINS, District Judge.

Appellants 1 have appealed from the judgments in two consolidated condemnation suits. The group appellants list 76 alleged errors which they reduce into 14 questions. Fischer, the individual appellant, raised many of the same questions and four additional errors. But the principal issue, and the main problem we deem it necessary to discuss, was raised by all appellants: Did the trial judge exercise a proper discretion first, in consolidating the two suits, and second, in refusing appellants’ requests for separate trials and allowing the case to be presented before one…